Carol Altmann – The Terrier

The community cannot take the Lyndoch Living board to court on behalf of Lyndoch unless they are a general member or board member of Lyndoch, a legal opinion has concluded.

This means the chance for a collective, community court action against the board has come to an end.

Readers will recall that in March, $12,000 was raised in crowdfunding to secure a top barrister’s opinion on whether the board had breached its responsibilities, both individually and collectively.

[For clarity, this opinion applies to a community action on behalf of Lyndoch, not individuals or an individual taking legal action against Lyndoch, which is a separate issue.]

The argument was the board was failing to uphold the original spirit of Lyndoch by its mass rejection of general member applications last year.

The barrister’s opinion started a step back, looking at whether the community could even take legal action against the board on behalf of Lyndoch.

It found they could not:

“…your clients would have no standing to bring any proceedings on behalf of [Lyndoch] if they were not members or directors,” he wrote.

Unfortunately, according to the opinion, the only possible paths remaining for the community are difficult, potentially very expensive, and most likely futile.

“The best they could do is write to the Attorney-General as protector of charitable trusts and provide their complaints to the Attorney-General and hope that the Attorney took some action or at least investigated – there would be no guarantees that anything would come of it,” the barrister wrote.

He then went on to say:

“They could, if they desired, ask the Attorney-General for her fiat (an official order) to commence a proceeding in her name, but a representative would have to be identified as a plaintiff and that person would be liable for costs and to indemnify the Attorney.

“Further, a fiat would only be granted if it could be shown that there was some reasonable basis to commence an action…That could only be achieved after significant investigations are undertaken to identify the directors and members … and any conduct which may provide a basis for complaint – which will not be easy.

“This may all be a moot point for your clients at this stage, but it does seem like they would have had a significant hill to climb.”

A significant hill to climb.

It says it all.

The community has been climbing hills for the past four years to bring greater light and transparency into Lyndoch Living’s board.

We are still climbing.

Note: The crowdfunding balance is lodged in trust with a Warrnambool legal firm. This fund will now be used as a Lyndoch Fighting Fund for future actions and challenges on behalf of the community, residents or staff as the need arises. I will be sure to keep you fully informed, as always.

Second note: The online petition to remove the board and replace it with an administrator is here. (Scroll down to sign). https://tinyurl.com/3nwac5nc You can also sign a paper copy this Sunday, 24 July, from 11am to 1pm at the Wbool Civic Green.

Carol Altmann – The Terrier

On Friday, I deposited all the $$$ we raised to mount a legal challenge against the Lyndoch Living board into a trust account. Now, we wait.

And while we wait for the barrister’s opinion, let’s remember why this legal challenge is even necessary.

It’s necessary because, after seven decades of needing the community to survive, the seven remaining members of the Lyndoch board have decided to disconnect Lyndoch from the community, without consultation or explanation.

These seven people have become gatekeepers and, in my view, enablers.

They are not the only ones. There is a band of hand-selected enablers across Lyndoch now: carefully chosen for their willingness to oblige without question in return for…what? A salary? A promised career path? A certificate of appreciation?

Those who wouldn’t oblige, or who spoke up, or challenged, or simply decided they had had enough, are either going ….or gone. There was actually a hit list of those Lyndoch wanted out. They are all gone.

And as I write this tonight, yet another clinical leader has left.

And as I write this, I come to the end of another week where the distressing messages just keep coming in about staff shortages, care workers covering for nurses, nurses being run ragged, staff working double-shifts, being exhausted, and almost spent.

I would normally show you a screenshot of the staff shortages, but now Lyndoch is so paranoid about who is “leaking to The Terrier” (aka, letting the truth out) that staff fear text messages from Lyndoch will contain clues to try and trace them.

Staff also know – even if they no longer work at Lyndoch – that Lyndoch is watching closely to see if they comment or like a Terrier post.

The intimidation doesn’t end, it seems, even if you no longer work there.

So I will instead tell you that yesterday, 26 February, Lyndoch sent out a text saying it was, once again, “desperately in need of staff” in the dementia (Audrey Prider) and high care (Lake Lodge) wings.

In Audrey Prider, the high-care dementia wing, the shortages included four staff on two shifts, from 7am to 3.30pm and from 1.30pm til 10pm.

Audrey Prider has 45 beds and, during the day, should typically have nine staff: 1 Registered Nurse, 6 enrolled nurses and 2 care workers.

If you remove four staff from that equation, resident care suffers. Many, I am told, have to spend the day in bed as there is just not enough staff to go around.

And yet amid all of this desperation and exhaustion, we hear nothing from Lyndoch and nothing from the board.

So this, this is just one of the reasons that we are fighting back for our voice to be heard at the table. Not as board members, but as general members – from the community – who are prepared to stand up for our elderly and those who care for them.

I know for a fact the staff are reading these posts. We are here for you. We are fighting for you. And we are not giving up. #pressingon

Carol Altmann – The Terrier

This time last week, this page pushed a boat from the shore in the hope of raising $5000 to fund a court challenge against the Lyndoch Living board.

Not only did we meet that goal within two hours – we have more than doubled it.

Online and offline donations now sit at $10,570 (the fundraiser closes at midnight tonight).

Thankyou.

Thankyou to every single person who donated whatever they could afford to help.

Some people donated five or ten dollars, some donated two hundred or five hundred, but every person donated with the same sense of purpose: to bring the community back to the heart of Lyndoch.

Every cent of this Lyndoch fighting fund will go toward that goal.

The funds will shortly be transferred to a trust account with a legal firm and will be used to secure a barrister who is the best in this field of law.

The barrister will provide an expert legal opinion on whether the current Lyndoch board – collectively and individually – have failed in their duty to uphold the original spirit and purpose of Lyndoch aged care, which was started by the community more than 60 years ago.

This failure includes the rejection of all general membership applications these past two years.

It’s a challenge that, we believe, will result in a hearing in either the County or Supreme Court, and this is the first step.

We have been fighting this battle for accountability and transparency for more than two years, in fact it is almost two years to the day since a group of concerned people met with local federal MP Dan Tehan to express their serious concerns about Lyndoch.

Those concerns, in the past 12 months, have only escalated.

But now the community has spoken.

It is no longer waiting for the cavalry to arrive.

It IS the cavalry.

I will keep you informed every step of the way as this challenge unfolds but for tonight, I want to say thankyou.

Thankyou to every person who has had the courage to stand up for Lyndoch and to not simply sit back, stay silent, and watch.

And thankyou to everyone who has helped this terrier to keep fighting.

On we go.

[The fighting fund will remain open until midnight. You can find it here. If you would prefer direct deposit, please email me at TerrierCarol@protonmail.com]

Carol Altmann – The Terrier

Righto, off we go. Let’s pick up right where we left off, because after all I am like a dog with a bone, and so tonight I am gnawing on the many things that we still need to know about Lyndoch Living – our community owned aged care home.

If any readers hoped that I might be moving on to another issue, look away now, because I am not finished with what has been a three-year investigation into how Lyndoch has changed, who has been involved, why and whether we can soon rest easy.

I am seeing this through – it will remain the focus of The Terrier for now – and I hope you will too.

Ah but hang on, there is one issue we need to address first and that is Covid.

Covidcovidcovidcovid.

Covid, as we know, is still disrupting aged care homes right across Australia with lockdowns, Covid outbreaks, visitation restrictions, and worsening staff shortages, and all of this is having a terrible impact on those who are isolated from their loved ones.

I am sure we all understand this, but Covid is not and cannot be a reason to stop asking the hard questions of Lyndoch that still remain unanswered.

In my view, it is even more of a reason to probe deeply into our publicly owned aged care home, because the local community are the custodians and caretakers of Lyndoch and we want to know that it is operating at the very highest standards of care, trust, accountability and transparency.

This has been the battle for the past three years – longer for those who work there – and it is not over yet.

Let’s begin with the AGM that was held just over a month ago.

At that time, Chair Susan Cassidy said during the livestream that any questions from members would be taken on notice.

Were there any questions from members taken on notice? If so, what were these questions?

What were the answers?

I asked Ms Cassidy this in an email last week and, so far, have not had a reply.

If there were no questions from members, then Lyndoch – a $100 million publicly owned organisation – held its AGM without a SINGLE question being asked.

Not one.

Perhaps I am wrong and Ms Cassidy will be in touch shortly with the list of rigorous questions and answers.

Such as:

Why has Lyndoch’s equity (assets minus liabilities) progressively fallen by a staggering $28 million in just six years?

In 2015, Lyndoch’s net assets were $69 million.

Last year, they had fallen to $41 million.

We will learn more about the Lyndoch figures at the end of this month, when it reports to the charities commission, so I will write more fulsomely on this then.

For now, however, we know a big slice of Lyndoch’s spending goes on staff costs and that it has also borrowed big time to fund its $22m medical clinic.

So, how is staffing? What are the bed numbers and staff ratios?

We see shift shortages being leaked to this page all the time – so why, in this climate, is Lyndoch bleeding so many experienced staff? Has the board asked questions and read the exit interviews?

And is it correct that Lyndoch is poised to hire a bunch of nurses trained overseas in order to fill the gaps?

What about the accreditation of Lyndoch due next month – is it on track to address all of the failings exposed by the aged care commission and pass with flying colours?

My sense is that Covid will see this accreditation delayed, but that doesn’t change the need for reassurance that Lyndoch has addressed ALL of the failings in Warrnambool and at its May Noonan Hostel in Terang.

And how is the $22 million medical clinic shaping up? Is it on budget?

And are all the GPs who are currently contracted with Lyndoch until April intending to stay on or will they follow Dr Phil Hall if, as reported, he re-opens a clinic at the existing Liebig St site?

What if the GPs don’t renew their contracts? How will Lyndoch fill its ginormous, three-level medical centre and not create another Sam’s Warehouse scenario?

Another whole pile of questions also come from the surprise announcement at the AGM that consultant Robert Lane had been hired to sort out how board appointments, and I assume general membership to Lyndoch, will be handled from here.

Mr Lane said there would be an advisory committee, chaired by himself and made up of two current board members (Mr Kane Grant and Ms Lorraine Mielnik), who would assist the board with its decisions on memberships which, to date, have made no sense to anyone.

I will also be learning more about that whole process this week, so stay tuned.

So many questions…I hope you are well rested and ready.

On we go.

[Thanks for reading, and if you would like to buy Jock a juicy bone as a thankyou, you can visit the Tip Jar here: https://tinyurl.com/yckzankb]

Carol Altmann – The Terrier

More than 100 membership applications* for Lyndoch Living will be hand-delivered to Lyndoch on Friday by Jim Burke, thanks to those who have stepped forward and signed up.

The next step is for the Lyndoch board to decide who from the community, if anyone, is accepted.

This is an opportunity for the board to right a wrong, because surely it is wrong that there is not one single member of the general community among Lyndoch’s current membership. Not one.

And, as far as I know, Lyndoch’s membership still doesn’t include any residents, or family of residents.

This means that aside from a handful of executive staff (about six) and the seven people on its board, Lyndoch doesn’t have any other members.

If that situation has changed in recent times, we don’t know about it.

The situation at Lyndoch is very different to other community owned, not-for-profit residential homes like, for example, Boandik in Mt Gambier.

Members of Boandik (which is about half the size of Lyndoch) are those who have donated to its work in the past fin year, or are a resident.

In theory, you can apply to become a member of Lyndoch if you are over 18, of sound mind, and agree to its main objectives.

In practice – for the last couple of years – anyone who has applied without being invited has been rejected.

Lyndoch now has 100-plus chances to change that.

[*The final figure will be known by Friday when last-minute forms roll in. What a great effort by everyone who has been involved.]